1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Authorized person" means a person having a relationship to the premises, which is unique and not shared by the general public. With respect to property owned by another, it includes a tenant, custodian or night watchman. With respect to publicly-owned property, it includes police officers and other public employees charged with the responsibility of maintaining or protecting public property. [1981, c. 418, §2 (NEW).]
B. "Liquor" means and includes any alcoholic, spirituous vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption, which contains more than 1/2 of 1% of alcohol by volume. [1981, c. 418, §2 (NEW).]
C. "Open container" means not having a cap, stopper or other cover in place. [1981, c. 418, §2 (NEW).]
D. "Public place" means:
(1) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to:
(a) Public ways as defined in Title 17-A, section 505;
(b) Schools, government-owned custodial facilities;
(c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and
(d) Public beaches; and
(2) Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic. [1987, c. 59, (AMD).]
[ 1987, c. 59, (AMD) .]
2. Crime. A person is guilty of public drinking if the person drinks liquor in any public place within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids drinking in the public place or after being forbidden to do so personally by a law enforcement officer, unless the person has been given permission to do so by the owner or authorized person.
[ 2001, c. 139, §1 (RPR) .]
3. Evidence. The possession of an open container of liquor in a public place is prima facie evidence of a violation of this section.
[ 1981, c. 418, §2 (NEW) .]
4. Violation. Violation of this section is a Class E crime.
[ 1985, c. 737, Pt. A, §39 (NEW) .]
1981, c. 418, §2 (NEW). 1985, c. 474, (AMD). 1985, c. 737, §A39 (AMD). 1987, c. 59, (AMD). 1991, c. 157, (AMD). 2001, c. 139, §1 (AMD).